Hunter Harrassment Help

[Haskell_Hunter]

1. "Since the offenders have been warned before and continue to violate the law, and law enforcement already has this documented, it will most certainly be investigated and referred to a prosecutor.  A&H's and his wife may not need to testify at all.  They will give statements to law enforcement and the prosecution will use those statements as evidence against the offenders.  That's the way these kinds of complaints move through the system."

​          Oh you better believe if the prosecutor wants a conviction for HH the OP and his wife will have to testify.. If he wants a conviction for other crimes like the ATV thing or Free roaming pets and the cops have already witnessed it then maybe not..

 

especially since law enforcement has a good amount of evidence already.  Oh, and you can't "settle" in criminal court when you realize you're screwed."

 

 

 

 

Written statements are also known as testimonials.  There is no need to appear in court if the police have a statement from you.  The will collect evidence to corroborate your testimony, and then will present that evidence.  Testimony isn't as powerful as evidence.  All prosecutors know that.  Most avoid leveraging their case on testimony.

 

No, you cannot "settle" in criminal court.  You can plea bargain, but the sanctions are written into law.  A settlement is a negotiated agreement in a civil case that is "blessed" by a judge.

[Axiom]

"No, you cannot "settle" in criminal court.  You can plea bargain, but the sanctions are written into law.  A settlement is a negotiated agreement in a civil case that is "blessed" by a judge".​

 

​  Plea Bargain, Settle, are two words that mean basically the same thing in a practical since.. But your right, in criminal court its formally known as plea bargaining.. 

 

"Written statements are also known as testimonials.  There is no need to appear in court if the police have a statement from you.  The will collect evidence to corroborate your testimony, and then will present that evidence.  Testimony isn't as powerful as evidence.  All prosecutors know that.  Most avoid leveraging their case on testimony."​

 

​If there is a victim as a result of a crime the judge will want the victim in court.. The prosecutor will want U there because he knows the Judge will want U there.. The defendants lawyer will DEMAND u be there and make yourself available for cross examination.. A written Statement or Testimonial is virtually worthless if you don't show up to back it up.. And a Judge may very well toss it in the garbage.. As well as the case.. 

Edited November 9, 2017 by Axiom

[A&N_Hunter]

I still can’t believe we are having an argument over this. I’ve asked for someone who has been through ihe process..

 

I’ve got COs who have documented the entire ordeal and are encouraging me to file a complaint. They will be there by my side the entire way through. They feel strong enough that we have a case, as they have been through this process before.

 

I am simply looking for someone in my shoes who has been through this to get their experience.

 

Thank you!

[Haskell_Hunter]

"Written statements are also known as testimonials.  There is no need to appear in court if the police have a statement from you.  The will collect evidence to corroborate your testimony, and then will present that evidence.  Testimony isn't as powerful as evidence.  All prosecutors know that.  Most avoid leveraging their case on testimony."​

 

​If there is a victim as a result of a crime the judge will want the victim in court.. The prosecutor will want U there because he knows the Judge will want U there.. The defendants lawyer will DEMAND u be there and make yourself available for cross examination.. A written Statement or Testimonial is virtually worthless if you don't show up to back it up.. And a Judge may very well toss it in the garbage.. As well as the case.. 

 

No, a judge will not demand it.  The defendant's lawyer may, but a judge will not.

 

The testimony is one piece of a larger body of evidence.  Judges don't arbitrarily toss statements unless the opposing attorney files a motion to suppress the evidence.  There is usually a hearing between both lawyers and the judge to argue the merits of the motion, and that's what the judge will rule on.  I know this because I am currently fighting a case in federal court and my main defense is arguing that the plaintiff's evidence is wrong, demonstrating where it is wrong, and subsequent to me replying to the complaint, I will then file a motion to dismiss the case due to the plaintiff's lack of standing (in a civil complaint and depending on the lawsuit, if the evidence does not meet a legal standard, then the complaint can get dismissed due to a lack of standing).

 

Additionally, if the prosecutor feels that your testimony isn't necessary to prosecute the offender, he doesn't have to submit it.  Happens all the time.  Lawyers remove risks to their cases by providing only the evidence they feel they need to win the case.

Edited November 9, 2017 by Haskell_Hunter

[fdsmiles]

remember co law is different than common law.just call the co and tell them the dog attacked  and let them take care of it.went through the same thing and called the co's,not the reg police.the res was handed a written warning and told that if it happened again that the co's wopuld press charges.

[Axiom]

I’ve got COs who have documented the entire ordeal and are encouraging me to file a complaint. They will be there by my side the entire way through. They feel strong enough that we have a case, as they have been through this process before.

 

 ​  ​  ​... too bad the CO's aren't the Judge

I am simply looking for someone in my shoes who has been through this to get their experience.
 

Yeah I hear U... And I understand you would rather hear from someone who tried to get a HH charge to stick.. But I doubt you will.. Because no one wants to come on here and talk about how they thought they had a "slam dunk " case and then got their a$$ kicked from one end of the court room to the other , and left empty handed

 

My final thought.. If I was the accused in your HH case, I wouldn't even hire a lawyer to defend me.. 

 

Good luck ..   

[A&N_Hunter]

Yes we’ve already understood the COs are not the judge. Thank you for the enlightenment.

 

I’m not expecting someone to come on here and talk. If you read properly, I asked for a PM.

 

Slam dunk... let’s stop beating that dead horse. I never said I had a slam dunk.

 

I’m sure you wouldn’t hire a lawyer and I will let you know the outcome! We certainly want to be prepare as possible rather than look stupid..several times... right? :-)

 

Next time let’s try reading before inserting our higher than holy opinion from our extensive experience as a hunter... I mean lawyer..

Edited November 9, 2017 by A&N_Hunter

[Livesintrees]

You guys are making his so much more gen it needs to be. Take your info and picture to police. Tell them you expect proper actions to be taken. Done. If it was your private property you just have em arrested.

[Big8PTR]

Nick... really?? 

[1957Buck]

Is it really worth it all That spot is Burned and just the memories of and looking over your shoulder every time you hunt there? IMO is not worth it with so many Public lands available.  Good Luck.

[vdep217]

When I was 14 I did. Well had to have my dad sign. I took my quad behind my house parked and webby into stand. First day the lady took my bow case and through it on the ground and left nasty note on quad saying hunters deserve to die. The next day she came looking for me in the woods ave yelling at me. When I thought she was gone I got down and she was waiting at my quad. When she realized I was a kid she grabbed my bow off quad and locked it in her TRUCK. I parked my quad so she couldn't get out called police and dad. Cops showed. She was arrested for theft unlawful possession of a weapon. And somthing with minors. The game warden was also called by police and she was charged with hunter harassment. Mine was very cut n dry though. As yours sounds just not having then caught in a crime when cop shows

[Big8PTR]

I agree with "1957Buck". Not worth it for a freakin deer Nick. You know where I hunt Nick, the thousands of acreas of public grounds. I have not encountered another hunter or non-hunter in 25 years where I go. Anyone I would encounter is probably lost .To me its the whole package of enjoyment while hunting, not being bothered, just me the trees, birds, deer , bears, etc..., not dealing with people in houses and their running dogs, ATV's, etc. Keep that crap.